ISRAEL Law and Practice Contributed by: Dan Or-Hof, Eran Gandman, Netanel Aharon and Matan Adar, Or-Hof Law
Or-Hof Law 144 Begin Road Midtown Tower, FL 21 Tel Aviv 6492102 Israel Tel: +972 3562 0992 Fax: +972 3547 6515 Email: office@or-hof.com Web: www.or-hof.com
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy-Related Laws Regulatory Sources and Their Interaction The Israeli privacy legal system is a tiered framework in which constitutional principles are implemented through statutes and regulatory guidance. • Constitutional level: The Basic Law – Human Dig - nity and Liberty (1992) serves as the constitutional pillar. Section 7 protects the right to privacy and the confidentiality of communications and records. The courts rely on this right when interpreting the Privacy Protection Law, 5741-1981 (PPL), ensuring technological change does not erode substantive privacy protection. • Primary statute: Following Amendment No 13 to the PPL (effective 14 August 2025), the PPL shifted from a technical database registration regime to a comprehensive personal data processing frame - work. Key developments include – (a) updated definitions of “personal data” and “Data of Special Sensitivity”, aligned with inter - national standards; (b) mandatory appointment of data protection officers (DPOs) for public bodies and service providers to such data brokers, providers of direct mailing services, and organisations en - gaged in “systematic monitoring” or large-scale processing of Data of Special Sensitivity; and (c) expanded enforcement powers for the Privacy Protection Authority (PPA), including adminis - trative fines and binding suspension orders.
• Secondary legislation: Regulations enacted under the PPL, including – (a) the Privacy Protection (Data Security) Regula - tions, 5777-2017 (the “Security Regulations”); (b) the Privacy Protection (Transfer of Data to Da - tabases Abroad) Regulations, 5761-2001 (the “Data Transfer Regulations”); and (c) the Privacy Protection (Instructions for Data that was Transferred to Israel from the Euro - pean Economic Area) Regulations, 5783-2023 (the “EEA-originated Data Regulations”). Hierarchical Interaction and Sectoral Instruments The Israeli legal system operates through a clear hier - archy. • Constitutional level: this guides interpretation of all lower-level legislation. • Primary legislation: the PPL operates as the lex generalis across sectors. • Secondary legislation: regulations impose manda - tory technical and organisational measures. • Sectoral instruments: lex specialis rules apply, including health, financial, and labour law frame - works. Israel retains EU adequacy status. The EEA-originated Data Regulations add a distinct layer of protection for EU-sourced data, including erasure and accuracy rights. Extraterritorial Reach and Triggers Unlike the GDPR’s explicit Article 3 triggers, extrater - ritorial application of the PPL is driven by case law and PPA interpretation. The PPA applies Israeli law where
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